Federal Register - October 5, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Rules and Regulations
Controls NS applies to entire entry except 7A611.y.
MT applies to commodities in 7A611.a that meet or exceed the parameters in 7A103.b or .c.
RS applies to entire entry except 7A611.y.
RS applies to 7A611.y.
AT applies to entire entry.
UN applies to entire entry except 7A611.y.
Country chart see Supp. No. 1 to part 738
NS Column 1.
MT Column 1.
FR Doc. 202120649 Filed 10421; 8:45 am
RS Column 1.
BILLING CODE 351033P
China, Russia, or Venezuela see 742.6a7.
AT Column 1.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
See 746.1b for UN
controls.
List of Items Controlled Related Controls: 1 Military fire control, laser, imaging, and guidance equipment that are enumerated in USML Category XII, and technical data including software directly related thereto, are subject to the ITAR. 2 See Related Controls in ECCNs 0A504, 2A984, 6A002, 6A003, 6A004, 6A005, 6A007, 6A008, 6A107, 7A001, 7A002, 7A003, 7A005, 7A101, 7A102, and 7A103. 3 See ECCN 3A611 and USML
Category XI for controls on countermeasure equipment. 4 See ECCN 0A919 for foreign-made military commodities that incorporate more than a de minimis amount of U.S. origin 600 series controlled content.
Related Definitions: N/A
Items:
a. Guidance or navigation systems, not elsewhere specified on the USML, that are specially designed for a defense article on the USML or for a 600 series item.
b. to w. Reserved x. Parts, components, accessories, and attachments, including accelerometers, gyros, angular rate sensors, gravity meters gravimeters, and inertial measurement units IMUs, that are specially designed for defense articles controlled by USML Category XII or items controlled by 7A611, and that are NOT:
x.1. Enumerated or controlled in the USML
or elsewhere within ECCN 7A611;
x.2. Described in ECCNs 6A007, 6A107, 7A001, 7A002, 7A003, 7A101, 7A102 or 7A103; or x.3. Elsewhere specified in ECCN 7A611.y or 3A611.y.
y. Specific parts, components, accessories, and attachments specially designed for a commodity subject to control
17:01 Oct 04, 2021
15 CFR Parts 742 and 774
Docket No. 2109280198
RIN 0694AI08
Special Conditions for STA
STA: Paragraph c2 of License Exception STA 740.20c2 of the EAR may not be used for any item in 7A611.
lotter on DSK11XQN23PROD with RULES1
Matthew S. Borman, Deputy Assistant Secretary for Export Administration.
List Based License Exceptions See Part 740
for a description of all license exceptions LVS: $1500
GBS: N/A
VerDate Sep<11>2014
in this ECCN or a defense article in Category XII and not elsewhere specified on the USML
or in the CCL, as follows, and parts, components, accessories, and attachments specially designed therefor:
y.1 Reserved
Jkt 256001
Commerce Control List: Expansion of Controls on Certain Biological Equipment Software Bureau of Industry and Security, Commerce.
ACTION: Final rule.
AGENCY:
The Bureau of Industry and Security BIS publishes this final rule to amend the Export Administration Regulations EAR to implement the decision made at the Australia Group AG Virtual Implementation Meeting session held in May 2021, and later adopted pursuant to the AGs silence procedure. This decision updated the AG Common Control List for dual-use biological equipment by adding controls on nucleic acid assembler and synthesizer software that is capable of designing and building functional genetic elements from digital sequence data. Prior to this AG decision, BIS, consistent with the interagency process described in the Export Control Reform Act of 2018 ECRA, identified this software as a technology to be evaluated as an emerging technology.
The decision by BIS to amend the CCL
to include this software complies with the requirements of ECRA and also reflects the decision of the AG to add it to the regimes Common Control List, thereby making exports of this software subject to multilateral control through the implementation of these changes by individual AG
participating countries including the United States.
DATES: This rule is effective October 5, 2021.
FOR FURTHER INFORMATION CONTACT: Dr.
Wesley Johnson, Chemical and Biological Controls Division, Office of Nonproliferation and Treaty SUMMARY:
PO 00000
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Compliance, Bureau of Industry and Security, Telephone: 202 4820091, Email: Wesley.Johnson@bis.doc.gov.
SUPPLEMENTARY INFORMATION: The Bureau of Industry and Security BIS is amending the Export Administration Regulations EAR to implement the decision made at the Australia Group AG Virtual Implementation Meeting session held in May 2021, and subsequently adopted pursuant to the AG silence procedure the AG silence procedure provides for the adoption of a measure, subsequent to its provisional acceptance at an AG plenary or intersessional meeting, provided that no participating country submits an objection on or before a specified date.
The AG is a multilateral forum consisting of 42 participating countries and the European Union. These participants maintain export controls on a list of chemicals, biological agents, and related equipment and technology that could be used in a chemical or biological weapons program. The AG
periodically reviews items on its control list to enhance the effectiveness of participating governments national controls and to achieve greater harmonization among these controls.
Addition of New Export Control Classification Number ECCN 2D352
Software for Nucleic Acid Assemblers/Synthesizers This final rule amends the Commerce Control List CCL, in Supplement No.
1 to part 774 of the EAR, to add a new ECCN 2D352 to reflect a decision made at the May 2021 Virtual Implementation Meeting session to modify the AG
biological equipment list to add controls on software that is: 1 Designed for nucleic acid assemblers and synthesizers described on this AG
Common Control List; and 2 capable of designing and building functional genetic elements from digital sequence data. Specifically, new ECCN 2D352
controls software designed for nucleic acid assemblers and synthesizers controlled by ECCN 2B352.j that is capable of designing and building functional genetic elements from digital sequence data.
This software, as controlled under new ECCN 2D352, requires a license for chemical and biological weapons CB
reasons and anti-terrorism AT reasons to the destinations indicated under CB
Column 2 and AT Column 1, respectively, on the Commerce Country Chart in Supplement No. 1 to part 738
of the EAR also see the AT license requirements described in part 742 that apply to Iran, North Korea and Syria. A
license also is required to certain
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